Roberta Gelb, president of Chelsea Office Systems, talks about how trends such as cloud computing and bring your own device (BYOD) have law firms realizing the importance of training in the adoption of new technologies.

[JURIST] A trial judge for the Supreme Court of New York [official profile] dismissed [text] a lawsuit on Thursday challenging the state's strict gun laws. The plaintiffs, a group of gun rights activists, argued [lohud news report] that the New York Secure Ammunition and Firearms Enforcement Act of 2013 (SAFE Act) [text] infringes upon rights granted by the state constitution [text]. Judge Thomas McNamara held that the plaintiffs failed to show any right being infringed upon by the act. Governor...

[JURIST] A new anti-terrorism bill presented in the Brazilian National Congress [official website, in Portuguese] on Saturday shortly before the 2014 World Cup is scheduled to begin in June has raised concern among human rights groups who allege the law threatens [Amnesty International press release] free speech and peaceful assembly. Brazilian lawmakers argue the legislation is required to fill a missing piece [UK Guardian report] in the Brazilian legal system as the country's international exposure grows. Additionally, supporters of the...

[JURIST] The UN Committee on the Rights of Persons with Disabilities (CRPD) [official website] found [press release] on Wednesday that Argentine authorities had failed to ensure equal access and use of prison services and facilities for a prisoner with disabilities. The CRPD stated that Argentina is obliged to not only correct the current situation but also to prevent similar violations by ensuring prisoners are able to have sufficient and reasonable adjustments, access to prison facilities and access to health care....

Attorney Daniel Cummins and staff reporter Ben Present discuss the emerging issue of social media law. In this installment, the two discuss the differences between Facebook and Twitter, and whether Twitter posts can be discoverable.

Serrano sued in a class action claiming sex discrimination and the EEOC intervened. The trial court ruled for the employer on a number of issues; the 6th Circuit reversed. Serrano and EEOC v. Cintas Corp(6th Cir 11/09/2012).

The main issue was whether EEOC could pursue a pattern-or-practice style claim pursuant to Â§ 706 of Title VII.

The employer argued that under Â§ 706 the EEOC is limited to proving its allegations of discrimination pursuant to the McDonnell Douglas Corp v. Green, 411 US 792 (1973), burden-shifting framework, and cannot use the pattern-or-practice framework announced by the Supreme Court in Teamsters v. United States, 431 US 324 (1977). The court rejected that argument. Even though the Teamsters case arose under Â§ 707, the theory of that case can be used under Â§ 706.

The trial court erred in holding that the employer was entitled to judgment on the pleadings in light of the EEOC's failure to plead its intent to rely on the Teamsters framework. Although the EEOC's complaint "is not a model of good lawyering," a plaintiff need not indicate at the pleading stage which circumstantial evidentiary framework it plans to use.

04/18/2014

[JURIST] A same-sex couple filed a lawsuit [text, PDF] on Wednesday with the Wisconsin Supreme Court [official website] seeking to strike down the state's ban on same-sex marriage. The Wisconsin Constitution was amended in 2006 to include Article XIII, section 13 [text, PDF] which states that, "Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state." The couple, Katherine and Linda Halopka-Ivery, filed the lawsuit directly with the Supreme Court,...

[JURIST] Russia, Ukraine, the US and the EU on Thursday issued a joint statement [text] on the situation in Ukraine after a Ukrainian military base was attacked in an act of increasing violence between government troops and pro-Russia militias. The statement promises amnesty "to protesters and to those who have left buildings and other public places and surrendered weapons, with the exception of those found guilty of capital crimes." The Organization of Security and Cooperation Special Monitoring Mission [official website]...

Federal law bans marijuana nationwide and yet some states have decided to license its trade. So, where does this leave citizens, local government, and attorneys who work in the cannabis industry? On this episode of Lawyer 2 Lawyer, hosts Bob Ambrogi and J. Craig Williams interview Brian Vicente, Dan Riffle and Kathy Haddock to discuss the challenges and liabilities that persist in the void between federal and state drug laws.
Brian Vicente is a Colorado criminal defense attorney and founding partner of Vicente Sederberg. He also serves as Executive Director for Sensible Colorado, chairs the Denver Mayor's Marijuana Policy Review Panel, and coordinates the Colorado Bar Association's Drug Policy Project.
Dan Riffle is a former assistant prosecutor for Vinton County, Ohio who has turned lobbyist on Capitol Hill. He currently serves as the Director of Federal Policies for Marijuana Policy Project and has shepherded 2013 legislation through Illinois making it the second largest medical marijuana state.
Kathy Haddock is the Senior Assistant City Attorney for the City of Boulder, Colorado. She is primarily responsible for advising finance, records, elections, airport, special districts, and special projects including medical and recreational marijuana. She has also been responsible for drafting the laws that license and govern medical marijuana businesses in Boulder, Colorado.

04/17/2014

In Life After Law: What Will You Do for the Next 6,000 Days? I focused on the options available to the lawyer in the last phase of his / her career and how to prepare for a profitable exit strategy.Â What I did not address, however, is the lawyer whose spouse is working and may not yet be ready to retire, travel or otherwise be on the “same page” as the first spouse or significant other…

What to do?Â The obvious response, as in so many such life situations, is communication.Â Talk with your spouse or significant other.Â Discuss the options open to the both of you.Â Determine whether it’s o.k. for one to play, e.g., go skiing or traveling, etc., while the other stay home and works, whether the two can survive separate paths for a while and then come back together, and do this from time to time.

This is not a small issue or unimportant discussion, to be taken lightly.Â It’s critical.Â If not done well, you may find yourself in a divorce.Â And if this results, you will feel as though you are in the center of a hurricane, or worse.Â Aside from the psychological trauma, your financial projections which permitted the retirement, or change of career, go out the window … and you may be forced back to work, something you may or may not be able to do successfully.

The rise of cloud computing has made it easier for lawyers to live in multiple tech worlds, whether it's Windows, Mac, iOS, or Android. This phenomenon is becoming a trend that affects many people and is changing how we think about, talk about, and use technology. On this episode of the Kennedy-Mighell Report, hosts Dennis Kennedy and Tom Mighell discuss living in multiple tech worlds simultaneously, how this changes our experience of technology, and practical ways to prepare and adjust to this growing trend.

A longtime professor at The John Marshall Law School in Chicago has filed suit, claiming administrators violated the Americans With Disabilities Act when they declined to accommodate his depression and Asperger's syndrome.

04/14/2014

When overwhelmed with work, some firms hire freelance attorneys to fill the gap between client demand and firm capacity. Whether it's niche expertise, transactional labor, or long-term temp. assignments, these contract attorneys are well-equipped to support the unique interests of their hiring firms. On this episode of Legal Toolkit, host Jared Correia interviews talent placement experts Leila Kanani from Intermix Legal Group and Gil Schipani from Tempus Fugit Law to learn more about the benefits of freelance attorney placement. Kanani discusses how firms who hire freelance attorneys benefit from improved workflow and enhanced expertise without the need to hire a permanent associate. Tune in to learn more.
Leila Kanani is an IP solo attorney and founder of Intermix Legal. After over 10 years of practice in BigLaw, she left for more control and balance in her life. Her objective in creating Intermix was to provide a flexible framework for experienced attorneys to participate in project-based contract legal services for solos and small firms.
Gil Schipani is the founder of Tempus Fugit Law, which specializes in substitute counsel/court coverage for lawyers as well as single transaction services. He is currently a partner with Schipani and Sinay and former Assistant City Solicitor of Brockton, Massachusetts. His practice area focuses on real estate, personal injury, business, and employment law.

Same-sex marriage went before an appeals court in Utah on Thursday. It's the first federal appellate court to hear a marriage case after the 2013 marriage equality decisions from the U.S. Supreme Court. Colorado Public Radio's Megan Verlee was in the courtroom for the hearing.

[JURIST] Human Rights Watch (HRW) [advocacy website] on Thursday criticized a law passed by the Ukrainian parliament [official website, in Ukrainian], saying that it violates judicial independence and should be struck down. The law, On Restoring Confidence in the Judiciary, sets forth circumstances [HRW press release] under which a judge could be put through judicial review and face dismissal from holding judicial office. The list includes "politically motivated" decisions, decisions restricting meetings and marches during the country's protests from November...

04/13/2014

You can leave our firm, but don't take our stuff with you. That's essentially the message behind a Delaware lawsuit filed Tuesday by restructuring consultancy AlixPartners LLP against two former managing directors.

[JURIST] Experts from the UN Office of the High Commissioner for Human Rights (OHCHR) [official website] voiced concern [press release] on Thursday about the lack of medical treatment to two political prisoners in Iran who are at risk of dying in detention. The experts have urged the Iranian government to provide medical care to the two prisoners, blogger Mohammad Reza Pourshajari and religious leader Sayed Hossein Kazemeyni Boroujerdi. The experts found that the prison physicians have recognized the prisoners' need...

[JURIST] Amnesty International (AI) [advocacy website] urged [press release] the UN Security Council [official website] on Friday to extend the MINURSO mandate [UN backgrounder] to include human rights monitoring for its peacekeeping force in Western Sahara . AI sent a report to Secretary General Ban Ki-moon [official website] illustrating the immediate need for human rights monitoring in Western Sahara and within Sahrawi refugee camps in southern Algeria. AI's Secretary General Salil Shetty has stated in regards to these efforts that...

(1) Certain portions of the statute violated the free speech clauses of the Wisconsin and US constitutions. Although there is no constitutional right to collective bargaining, the statute imposes burdens on the speech and associational rights of employees represented by unions which burdens are not imposed on other employees. They cannot negotiate wage increases greater than the cost of living, they cannot pay dues by payroll deductions solely because the dues go to labor organizations. A ban on fair share agreements means that union members bear the cost of bargaining for non-members who receive the befits of bargaining. Requiring unions to be recertified annually burdens members with the full costs of the election.

(2) The trial court applied strict scrutiny to the equal protection claims because of the infringement on speech rights. The statute creates two classes of employees (represented and non-represented), and the defendants "offer no defense of the statute that would survive strict scrutiny."

(3) Certain portions of the statute violated the Wisconsin constitution's home rule amendment, violated the constitutional bar on impairment of contracts, and deprived employees of property without due process.